Tuesday, 01 August 2023
Trademarks on true-to-life toy cars and buildings: Supreme Court confirms that there is no infringement
In a blow to logistics company Dachser, the court held that use of its trademarks on true-to-life replicas of a Dachser truck and warehouse did not constitute trademark infringement.
General Assembly of Court of Appeal fortifies its stance against bad faith
Where the defendant fails to provide proper justification, the filing of an application similar to a well-known mark will, on its own, be sufficient to establish bad faith.
Monday, 31 July 2023
A tale of two (m)banks: General Court confirms that visual aspect is more important than phonetic aspect for financial services
For financial services, the visual aspect predominates as the relevant public will perceive the marks on business signs, papers and prospectuses when choosing a financial institution.
UDRP: difficulties with distributors and domain names
The decision highlights the challenges faced by trademark owners seeking to obtain control over domain names registered and used by their distributors after the relationship ended.
Friday, 28 July 2023
Power play: Federal Court’s decision in Energizer v Gillette narrows test for depreciation of goodwill in comparative advertising cases
The case is noteworthy in that it is one of only a few that have dissected Section 22 of the Trademarks Act.
Supreme Court of Appeal strongly criticises High Court decision in ‘iCollege’ dispute
The ruling highlights the importance of a thorough and holistic assessment of trademarks in infringement cases.
Thursday, 27 July 2023
PTO confirms similarity of virtual and physical goods in landmark decision
The decision of the Turkish Patent and Trademark Office is consistent with the approach of the EUIPO and the USPTO.
Promulgation of Trademark Law Revision Act - what you need to know
An applicant will be able to overcome a refusal based on a conflict with an earlier trademark by filing a letter of consent, if the JPO believes that the co-existence of the marks would not cause confusion.
Wednesday, 26 July 2023
Proposed trademark online filing platform: why the stakes are high
While a new platform has recently been proposed, a failure to properly address the failings of the current platform would represent a disaster for trademark prosecution in Nigeria.
Acquittal judgment overturned due to incorrect assessment of evidence in case involving imported counterfeit goods
The conclusions reached by the lower court directly contradicted those set forth in the expert’s report.
Tuesday, 25 July 2023
General Court: figurative mark consisting of two geometrical shapes will not be perceived as letters
The court confirmed that there was no likelihood of confusion between a figurative mark representing two black geometrical shapes and the earlier figurative mark MÓ.
Huge enforcement action carried out against wholesaler of counterfeit luxury goods targeting celebrities
This action is remarkable in that the infringer provided counterfeit goods to well-known individuals in the Peruvian showbusiness, using private WhatsApp groups.
Monday, 24 July 2023
Beijing High Court invalidates trademark pre-emptively registered by squatter under Article 15(2)
Owners of earlier unregistered trademarks may rely on Article 15(2) where they can prove that a squatter had knowledge of their marks based on interactions that do not qualify as contractual or business relations.
Not dropping the catch: respondent wins in UDRP complaint
The decision illustrates that the use of ‘drop-catch’ services does not violate the UDRP per se.
Friday, 21 July 2023
General Court provides insights on how to prove genuine use
Notably, the decision highlights that use of a mark in connection with the service of manufacturing clothing does not amount to use of that mark in connection with clothing.
Qatar adopts GCC Trademark Law: what you need to know
The adoption of the GCC Trademark Law will result in some immediate and significant practice changes, including an increase in certain official fees.
Thursday, 20 July 2023
KF Global Brands Ltd v Lead Wear Ltd: cargo trousers under close inspection
A change to a pre-existing design was found insufficient to give rise to unregistered design rights in the article as a whole.
WIPO resumes ‘.ua’-DRP proceedings
‘.ua’-DRP proceedings have now resumed, with certain adjustments in view of the martial law in force in Ukraine.
Wednesday, 19 July 2023
TTAB finds that guitar-shaped hotel building is inherently distinctive
The TTAB found that the building shape of the Seminole Hard Rock Hotel & Casino constituted inherently distinctive trade dress.
TÜRKPATENT provides important guidance on bad-faith ground in oppositions
The reasoning provided by TÜRKPATENT in a recent case may serve as a guide when considering whether to raise bad faith as a ground for opposition.
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